Neutral Citation No. - 2025:AHC:20529 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2749 of 2025 Applicant :- Dharmendra Alias Dhirendra Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Shukla Counsel for Opposite Party :- G.A.,Gyanendra Kumar Saini,Sheikh Moazzam Inam Hon'ble Sameer Jain,J. 1. Heard Sri Amit Kumar Shukla, learned counsel for the applicant, Sri Pankaj Kumar, Advocate holding brief of Sri Sheikh Moazzam Inam, learned counsel for the informant and Sri Imran Khan, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.289 of 2024, under Sections 328, 302 IPC, Police Station-Link Road, District-Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits, FIR of the present case was lodged after two years from the alleged incident. He further submitted that even as per allegation applicant committed the murder of the deceased by administering poison to him but there is no evidence on record in this regard. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 16.09.2024. 5. Per contra, learned A.G.A. and learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that FIR of the present case was lodged after two years and however as per prosecution deceased died due to the consumption of insecticide but there is no evidence on record which can suggest that applicant administered poison to him and applicant is not having any criminal history and he is in jail in the present matter since 16.09.2024, in my view applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant- Dharmendra Alias Dhirendra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 13.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad